Premier Parking ltd. & POPLA stage, how to go about writing about a VOID contract?

MyloSec

Good evening,

I have spent the last couple months reading the forum about all the ways these companies scam you out of your money. Unfortunately for me, I was issued one of these private charge notices around August time. I appealed under the keeper liability grounds however as of today, 14th November 2019, my appeal was rejected and I have been provided a POPLA code.

What happened was: The driver parked next to the gate of the backyard of their partners house since all the 'normal' parking spots were taken by neighbours, even the partner's guest spot. The driver claims the car was not obstructing the entrance at all for other cars, and other cars have parked like that with no problem before. The car was also a fair bit away from the the actual forbidding "No parking' Sign.

In terms of the signage, it clearly states: A valid permit, a ticket with NO EXCEPTIONS and then parked in 'marked bays'
1. The entirety of this small car park, has zero marked bays, absolutely no road markings as it is privately owned land, therefore making the CONTRACT on the sign void as there is incorrect information provided on it.

Furthermore, I am planning to appeal on the grounds of:
- Signage, no offer. The reasoning used for the NTK was "Parked in no parking area", the sign is merely forbidding, no contract was formed. The necessary elements of offer and acceptance were not satisfied, therefore since no contract was formed, it's a case of trespass and the parking charge does not apply to the driver.
- No evidence of Landowner Authority.
- The NTK does not comply with the Schedule 4 of POFA, specifically section 9 (2) (f) - Failing to state that the creditor does NOT KNOW both the name of the driver and a current address. In addition, I will not be disclosing the name either.
- Also possibly on the contract being void since it has misleading and incorrect information.

A side note is that Premier Parking ltd. Has also stated in two emails that "I" am writing on "Behalf of driver" when actually I selected the option of "Registered keeper", never that I was writing on the behalf of the driver.

I am just wondering if I am going the correct way about this? I have decided to use the templates for keeper liability and no evidence of landowner authority found from the forum. However writing the other two points I have mentioned is proving to be a little bit more difficult, at least without tripping up. I have tried to look for posts about the "No marked bays" and if anyone else has had to appeal on those grounds, that the contract would be void since it is clearly incorrect, etc, however to no satisfactory avail.

Any advice would be great, thank you! :A

Coupon-mad

Premier Parking ltd.

No such company...again:

https://forums.moneysavingexpert.com/discussion/comment/76316330#Comment_76316330

I have been provided a POPLA code.

Good, but be aware some win and some lose v Premier PARK but no-one pays.

I am just wondering if I am going the correct way about this?

Yes. There is no template for 'no marked bays' so you are OK to write that section yourself, then show us your handiwork, please not calling them by the wrong company name as it causes confusion with two other scammers.

MyloSec

Good, but be aware some win and some lose v Premier PARK but no-one pays.

Would you say this is a good enough reason to worry? As I cannot afford it financially or for it to not affect my mental-health to go to the court stage either, and defend myself.

Coupon-mad

Going to court is great for confidence and mental health, it exercises your mind and is actually fun as long as you know your case inside out, once you overcome the initial nerves. A bit like a job interview where you know the answers.

I enjoyed the Southampton case on Monday and am looking forward to the next one.

I realise I can't win them all (I already sailed close to the wind at Brighton in a case in September where a Judge could not see that a non POFA PCN was not capable of binding a keeper!).

But what I am telling you is, there is nothing to worry about, I promise.